SB494-SSA2,204,2521 767.32 (2m) Upon request by a party, the court may modify the amount of
22revised child support payments determined under sub. (2) if, after considering the
23factors listed in s. 767.25 (1m) or, 767.51 (5) or 767.62 (4) (e), as appropriate, the court
24finds, by the greater weight of the credible evidence, that the use of the percentage
25standard is unfair to the child or to any of the parties.
SB494-SSA2, s. 437
1Section 437 . 767.32 (2s) of the statutes is amended to read:
SB494-SSA2,205,62 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation
3for the revision of a judgment or order with respect to an amount of child support or
4family support unless the stipulation provides for payment of an amount of child
5support or family support that is determined in the manner required under s. 46.10
6(14), 767.25 or, 767.51 or 767.62 (4), whichever is appropriate.
SB494-SSA2, s. 438 7Section 438. 767.37 (1) (a) of the statutes is amended to read:
SB494-SSA2,205,258 767.37 (1) (a) In any action affecting the family, if the court orders maintenance
9payments or other allowances for a party or children or retains jurisdiction in such
10matters, the written judgment shall include a provision that disobedience of the
11court order with respect to the same is punishable under ch. 785 by commitment to
12the county jail or house of correction until such judgment is complied with and the
13costs and expenses of the proceedings are paid or until the party committed is
14otherwise discharged, according to law. The written judgment in any action affecting
15the family shall include the social security numbers of the parties and of any child
16of the parties.
The findings of fact and conclusions of law and the written judgment
17shall be drafted by the attorney for the moving party, and shall be submitted to the
18court and filed with the clerk of the court within 30 days after judgment is granted;
19but if the respondent has been represented by counsel, the findings, conclusions and
20judgment shall first be submitted to respondent's counsel for approval and if the
21family court commissioner has appeared at the trial of the action, such papers shall
22also be sent to the family court commissioner for approval. After any necessary
23approvals are obtained, the findings of fact, conclusions of law and judgment shall
24be submitted to the court. Final stipulations of the parties may be appended to the
25judgment and incorporated by reference therein.
SB494-SSA2, s. 439
1Section 439. 767.45 (1) (intro.) of the statutes is amended to read:
SB494-SSA2,206,52 767.45 (1) (intro.) The following persons may bring an action or motion,
3including an action or motion for declaratory judgment, for the purpose of
4determining the paternity of a child or for the purpose of rebutting the presumption
5of paternity under s. 891.405 or 891.41 (1):
SB494-SSA2, s. 440 6Section 440 . 767.45 (1) (c) of the statutes is amended to read:
SB494-SSA2,206,87 767.45 (1) (c) A Unless s. 767.62 (1) applies, a man presumed to be the child's
8father under s. 891.405 or 891.41 (1).
SB494-SSA2, s. 441 9Section 441. 767.45 (1) (k) of the statutes is amended to read:
SB494-SSA2,206,1410 767.45 (1) (k) In conjunction with the filing of a petition for visitation with
11respect to the child under s. 767.245 (3), a parent of a person who has filed a
12declaration of paternal interest under s. 48.025 or with respect to the child or a
13parent of a person who, before April 1, 1998, signed and filed
a statement
14acknowledging paternity under s. 69.15 (3) (b) 3. with respect to the child.
SB494-SSA2, s. 442 15Section 442. 767.45 (5) (b) of the statutes is amended to read:
SB494-SSA2,207,316 767.45 (5) (b) An action under this section may be joined with any other action
17for child support and shall be governed by the procedures specified in s. 767.05
18relating to child support, except that the title of the action shall be "In re the
19paternity of A.B." The petition shall state the name and date of birth of the child if
20born or that the mother is pregnant if the child is unborn, the name of any alleged
21father, whether or not an action by any of the parties to determine the paternity of
22the child or rebut the presumption of paternity to the child has at any time been
23commenced, or is pending before any judge or court commissioner, in this state or
24elsewhere. If a paternity judgment has been rendered, or if a paternity action has
25been dismissed, the petition shall state the court which rendered the judgment or

1dismissed the action, and the date and the place the judgment was granted if known.
2The petition shall also give notice of a party's right to request a genetic test under
3s. 49.225 or 767.48.
SB494-SSA2, s. 443 4Section 443 . 767.45 (5m) of the statutes is amended to read:
SB494-SSA2,207,195 767.45 (5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m),
6767.477, 767.62 and 769.401, unless a man is either presumed the child's father
7under s. 891.41 or (1), is adjudicated the child's father either under s. 767.51 or by
8final order or judgment of a court of competent jurisdiction in another state or has
9acknowledged himself to be the child's father under s. 767.62 (1) or a substantially
10similar law of another state
, no order or temporary order may be entered for child
11support, legal custody or physical placement until the man is adjudicated the father
12using the procedure set forth in ss. 767.45 to 767.60. Except as provided in ss.
13767.477, 767.62 and 769.401, the exclusive procedure for establishment of child
14support obligations, legal custody or physical placement rights for a man who is
15neither not presumed the child's father under s. 891.41 nor (1), adjudicated the father
16or acknowledged under s. 767.62 (1) or a substantially similar law of another state
17to be the father
is by an action under ss. 767.45 to 767.60 or under s. 769.701. No
18person may waive the use of this procedure. If a presumption under s. 891.41 (1)
19exists, a party denying paternity has the burden of rebutting the presumption.
SB494-SSA2, s. 444 20Section 444. 767.45 (6m) of the statutes is amended to read:
SB494-SSA2,208,221 767.45 (6m) The attorney designated under sub. (6) (a) shall commence an
22action under this section on behalf of the state within 6 months after receiving
23notification under s. 69.03 (15) that no father is named on the birth certificate of a
24child who is a resident of the county if paternity has not been acknowledged under

1s. 767.62 (1) or a substantially similar law of another state or
adjudicated, except in
2situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.
SB494-SSA2, s. 445 3Section 445. 767.45 (6p) of the statutes is repealed.
SB494-SSA2, s. 446 4Section 446. 767.455 (5g) (form) 2. of the statutes is amended to read:
SB494-SSA2,208,115 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If
6you are unable to afford an attorney, the court will appoint one for you only upon one
7or more of the genetic tests taken during the proceedings showing
if the results of one
8or more genetic tests show
that you are excluded as the father and that the statistical
9probability of your being the father is less than 99.0%. In order to determine whether
10you are entitled to have an attorney appointed for you, you may call the following
11telephone number .... .
SB494-SSA2, s. 447 12Section 447. 767.455 (5g) (form) 3. of the statutes is amended to read:
SB494-SSA2,208,1713 767.455 (5g) (form) 3. You may request genetic tests which will indicate the
14probability that you are or are not the father of the child. The court or county child
15support agency
will order genetic tests on request by you, the state or any other party.
16Any person who refuses to take court-ordered genetic tests may be punished for
17contempt of court.
SB494-SSA2, s. 448 18Section 448. 767.455 (5g) (form) 7. of the statutes is amended to read:
SB494-SSA2,209,219 767.455 (5g) (form) 7. If you fail to appear at any stage of the proceeding,
20including a scheduled court-ordered genetic test, the court will enter a default
21judgment finding you to be the father. A default judgment will take effect 30 days
22after it is served on or mailed to you at your address on file with the court, unless
23within those 30 days you present to the court evidence of good cause for your failure
24to appear or your failure to have undergone a court-ordered genetic test. You need
25not appear at the time and place specified in the summons if you complete the

1attached waiver of first appearance statement and deliver it to the court by the date
2specified in the waiver of first appearance statement.
SB494-SSA2, s. 449 3Section 449. 767.455 (5r) (form) 2. of the statutes is amended to read:
SB494-SSA2,209,104 767.455 (5r) (form) 2. I understand that I will be notified by the court of all
5future stages in the proceeding and agree to appear at those stages. If I fail to appear
6at any stage, including a scheduled court-ordered genetic test, the court will enter
7a default judgment finding me to be the father. A default judgment will take effect
830 days after it is served on or mailed to me, unless within those 30 days I present
9to the court evidence of good cause for my failure to appear or my failure to have
10undergone a court-ordered genetic test.
SB494-SSA2, s. 450 11Section 450. 767.458 (1) (c) of the statutes is amended to read:
SB494-SSA2,209,1512 767.458 (1) (c) Except as provided under sub. (1m) and s. 767.463, the
13respondent may request the administration of genetic tests which either
14demonstrate that he is not the father of the child or which demonstrate the
15probability that he is or is not the father of the child;
SB494-SSA2, s. 451 16Section 451. 767.458 (1) (d) of the statutes is amended to read:
SB494-SSA2,209,1817 767.458 (1) (d) Except as provided under sub. in subs. (1m) and (2) and s.
18767.463
, the court will order genetic tests upon the request of any party; and
SB494-SSA2, s. 452 19Section 452 . 767.458 (2) of the statutes is amended to read:
SB494-SSA2,210,320 767.458 (2) At the first appearance, if it appears from a sufficient petition or
21affidavit of the child's mother or an alleged father, or from sworn testimony of the
22child's mother or an alleged father,
that there is probable cause to believe that any
23of the males named has had sexual intercourse with the mother during a possible
24time of the child's conception, the court may, or upon the request of any party shall,
25order any of the named persons to submit to genetic tests. The tests shall be

1conducted in accordance with s. 767.48. The court is not required to order a person
2who has undergone a genetic test under s. 49.225 to submit to another genetic test
3under this subsection unless a party requests additional tests under s. 767.48 (2).
SB494-SSA2, s. 453 4Section 453. 767.458 (3) of the statutes is amended to read:
SB494-SSA2,210,95 767.458 (3) At the first appearance, if a statement acknowledging paternity
6under s. 69.15 (3) (b) 1. or 3. that was signed and filed before April 1, 1998, is on file,
7the court may enter an order for child support, legal custody or physical placement
8and, if the respondent who filed the statement does not dispute his paternity, may
9enter a judgment of paternity.
SB494-SSA2, s. 454 10Section 454. 767.463 of the statutes is created to read:
SB494-SSA2,210,17 11767.463 Dismissal if adjudication not in child's best interest. Except as
12provided in s. 767.458 (1m), at any time in an action to establish the paternity of a
13child, upon the motion of a party or guardian ad litem, the court or court
14commissioner under s. 757.69 (3) (g) may, with respect to a man, refuse to order
15genetic tests, if genetic tests have not yet been taken, and dismiss the action if the
16court or court commissioner determines that a judicial determination of whether the
17man is the father of the child is not in the best interest of the child.
SB494-SSA2, s. 455 18Section 455. 767.465 (1m) of the statutes is created to read:
SB494-SSA2,210,2419 767.465 (1m) Judgment when mother fails to appear. Notwithstanding sub.
20(1), a court may enter an order adjudicating the alleged father, or man alleging that
21he is the father, to be the father of the child under s. 767.51 if the mother of the child
22fails to appear at the first appearance, unless the first appearance is not required
23under s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient
24evidence exists to establish the man as the father of the child.
SB494-SSA2, s. 456 25Section 456. 767.465 (2) (a) of the statutes is amended to read:
SB494-SSA2,211,11
1767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged
2father and fails to appear at the first appearance, unless the first appearance is not
3required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing
4or trial, the court shall enter an order adjudicating the respondent to be the father
5and appropriate orders for support, legal custody and physical placement. The
6orders shall be either served on the respondent or mailed by regular, registered or
7certified mail, to the last-known address of the respondent. The orders shall take
8effect 30 days after service or 30 days after the date on which the orders were mailed
9unless, within that time, the respondent presents to the court or court commissioner
10under s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have
11undergone a court-ordered genetic test.
SB494-SSA2, s. 457 12Section 457. 767.466 (intro.) of the statutes is amended to read:
SB494-SSA2,211,17 13767.466 Motion to reopen judgment based on statement
14acknowledging paternity.
(intro.) A judgment which adjudicates a person to be
15the father of a child and which was based upon a statement acknowledging paternity
16that was signed and filed before April 1, 1998, may, if no trial was conducted, be
17reopened under any of the following circumstances:
SB494-SSA2, s. 458 18Section 458. 767.47 (1) (c) of the statutes is amended to read:
SB494-SSA2,211,1919 767.47 (1) (c) Genetic test results under ss. 49.225, 767.48 or 885.23.
SB494-SSA2, s. 459 20Section 459. 767.47 (3) of the statutes is amended to read:
SB494-SSA2,212,221 767.47 (3) In Except as provided in s. 767.48 (4), in an action against an alleged
22father, evidence offered by him with respect to an identified man who is not subject
23to the jurisdiction of the court concerning that man's sexual intercourse with the
24mother at or about the presumptive time of conception of the child is admissible in

1evidence only after the alleged father has undergone genetic tests and made the
2results
available to the court genetic tests as provided in s. 767.48.
SB494-SSA2, s. 460 3Section 460. 767.47 (8) of the statutes is amended to read:
SB494-SSA2,212,74 767.47 (8) The party bringing an action for the purpose of determining
5paternity or for the purpose of declaring the nonexistence of paternity presumed
6under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved
7by clear and satisfactory preponderance of the evidence.
SB494-SSA2, s. 461 8Section 461. 767.47 (11) of the statutes is created to read:
SB494-SSA2,212,119 767.47 (11) Bills for services or articles related to the pregnancy, childbirth or
10genetic testing may be admitted into evidence and are prima facie evidence of the
11costs incurred for such services or articles.
SB494-SSA2, s. 462 12Section 462. 767.475 (1) of the statutes is renumbered 767.475 (1) (a) and
13amended to read:
SB494-SSA2,212,1714 767.475 (1) (a) Except as provided in s. 767.045 (1) (c) par. (b), the court may
15appoint a guardian ad litem for the child and shall appoint a guardian ad litem for
16a minor parent or minor who is alleged to be a parent in a paternity proceeding unless
17the minor parent or the minor alleged to be the parent is represented by an attorney.
SB494-SSA2, s. 463 18Section 463. 767.475 (1) (b) of the statutes is created to read:
SB494-SSA2,212,2119 767.475 (1) (b) The court shall appoint a guardian ad litem for the child if s.
20767.045 (1) (a) or (c) applies or if the court has concern that the child's best interest
21is not being represented.
SB494-SSA2, s. 464 22Section 464. 767.475 (2) of the statutes is amended to read:
SB494-SSA2,212,2423 767.475 (2) Presumption of paternity shall be as provided in ss. 891.39, 891.405
24and 891.41 (1).
SB494-SSA2, s. 465 25Section 465. 767.477 of the statutes is created to read:
SB494-SSA2,213,7
1767.477 Temporary orders. (1) At any time during the pendency of an action
2to establish the paternity of a child, if genetic tests show that the alleged father is
3not excluded and that the statistical probability of the alleged father's parentage is
499.0% or higher, on the motion of a party, the court shall make an appropriate
5temporary order for the payment of child support and may make a temporary order
6assigning responsibility for and directing the manner of payment of the child's health
7care expenses.
SB494-SSA2,213,13 8(2) Before making any temporary order under sub. (1), the court shall consider
9those factors that the court is required under s. 767.51 to consider when granting a
10final judgment on the same subject matter. If the court makes a temporary child
11support order that deviates from the amount of support that would be required by
12using the percentage standard established by the department under s. 49.22 (9), the
13court shall comply with the requirements of s. 767.51 (5d).
SB494-SSA2, s. 466 14Section 466 . 767.48 (1) (a) of the statutes is amended to read:
SB494-SSA2,213,2515 767.48 (1) (a) The court may, and upon request of a party shall, require the
16child, mother, any male for whom there is probable cause to believe that he had
17sexual intercourse with the mother during a possible time of the child's conception,
18or any male witness who testifies or will testify about his sexual relations with the
19mother at a possible time of conception to submit to genetic tests. Probable cause of
20sexual intercourse during a possible time of conception may be established by a
21sufficient petition or affidavit of the child's mother or an alleged father, filed with the
22court, or after an examination under oath of a complainant party or witness, when
23the court determines such an examination is necessary. The court is not required to
24order a person who has undergone a genetic test under s. 49.225 to submit to another
25test under this paragraph unless a party requests additional tests under sub. (2).
SB494-SSA2, s. 467
1Section 467. 767.48 (1) (b) of the statutes is renumbered 767.48 (1) (b) (intro.)
2and amended to read:
SB494-SSA2,214,93 767.48 (1) (b) (intro.) The genetic tests shall be performed by an expert
4qualified as an examiner of genetic markers present on the cells of the specific body
5material to be used for the tests, appointed by the court. A report completed and
6certified by the court-appointed expert stating genetic test results and the statistical
7probability of the alleged father's paternity based upon the genetic tests is
8admissible as evidence without expert testimony and may be entered into the record
9at the trial or pretrial hearing if, at all of the following apply:
SB494-SSA2,214,11 101. At least 10 days before the trial or pretrial hearing, the party offering the
11report files it with the court and notifies all other parties of that filing.
SB494-SSA2, s. 468 12Section 468. 767.48 (1) (b) 2. of the statutes is created to read:
SB494-SSA2,214,1713 767.48 (1) (b) 2. At least 10 days before the trial or pretrial hearing, the
14department or county child support agency under s. 59.53 (5) notifies the alleged
15father of the results of the genetic tests and that he may object to the test results by
16submitting an objection in writing to the court no later than the day before the
17hearing.
SB494-SSA2, s. 469 18Section 469. 767.48 (1) (b) 3. of the statutes is created to read:
SB494-SSA2,214,2119 767.48 (1) (b) 3. The alleged father, after receiving the notice under subd. 2.,
20does not object to the test results in the manner provided in the notice under subd.
212.
SB494-SSA2, s. 470 22Section 470. 767.48 (1m) of the statutes is amended to read:
SB494-SSA2,215,223 767.48 (1m) Under sub. (1), if the If genetic tests ordered under this section or
24s. 49.225
show that the alleged father is not excluded and that the statistical

1probability of the alleged father's parentage is 99.0% or higher, the alleged father
2shall be rebuttably presumed to be the child's parent.
SB494-SSA2, s. 471 3Section 471. 767.48 (4) of the statutes is amended to read:
SB494-SSA2,215,164 767.48 (4) Whenever the results of the genetic tests exclude the an alleged
5father as the father of the child, this evidence shall be conclusive evidence of
6nonpaternity and the court shall dismiss the any paternity action with respect to that
7alleged father
. Whenever the results of the genetic tests exclude any male witness
8from possible paternity, the tests shall be conclusive evidence of nonpaternity of the
9male witness. Testimony relating to sexual intercourse or possible sexual
10intercourse of the mother with any person excluded as a possible father, as a result
11of a genetic test, is inadmissible as evidence. If any party refuses to submit to a
12genetic test, this fact shall be disclosed to the fact finder. This refusal Refusal to
13submit to a genetic test ordered by the court
is a contempt of the court for failure to
14produce evidence under s. 767.47 (5). If the action was brought by the child's mother
15but she refuses to submit herself or the child to genetic tests, the action shall be
16dismissed.
SB494-SSA2, s. 472 17Section 472. 767.48 (5) (a) of the statutes is amended to read:
SB494-SSA2,215,2018 767.48 (5) (a) At Except as provided in par. (b), at the close of the proceeding
19the court may order either or both parties to reimburse the county if the court finds
20that they have sufficient resources to pay the costs of the genetic tests.
SB494-SSA2, s. 473 21Section 473 . 767.48 (5) (b) of the statutes is amended to read:
SB494-SSA2,216,222 767.48 (5) (b) If 2 or more identical series of genetic tests are performed upon
23the same person, regardless of whether the tests were ordered under this section or
24s. 49.225 or 767.458 (2),
the court may shall require the person requesting the 2nd

1or subsequent series of tests to pay for it in advance, unless the court finds that the
2person is indigent
.
SB494-SSA2, s. 474 3Section 474. 767.51 (1) of the statutes is amended to read:
SB494-SSA2,216,54 767.51 (1) The A judgment or order of the court determining the existence or
5nonexistence of paternity is determinative for all purposes.
SB494-SSA2, s. 475 6Section 475. 767.51 (2) of the statutes is amended to read:
SB494-SSA2,216,117 767.51 (2) The clerk of court shall file with the state registrar, within 30 days
8after the entry of the order or a judgment or order determining paternity, a report
9showing the names, dates and birth places of the child and the father and the maiden
10name of the mother on a form designated by the state registrar, along with the fee
11set forth in s. 69.22 (5), which the clerk of court shall collect.
SB494-SSA2, s. 476 12Section 476 . 767.51 (2) of the statutes, as affected by 1997 Wisconsin Act ....
13(this act), is amended to read:
SB494-SSA2,216,1914 767.51 (2) The clerk of court shall file with the state registrar, within 30 days
15after the entry of a judgment or order determining paternity, a report showing the
16names, dates and birth places of the child and the father, the social security numbers
17of the mother, father and child
and the maiden name of the mother on a form
18designated by the state registrar, along with the fee set forth in s. 69.22 (5), which
19the clerk of court shall collect.
SB494-SSA2, s. 477 20Section 477. 767.51 (3) of the statutes is amended to read:
SB494-SSA2,217,1021 767.51 (3) The A judgment or order determining paternity may contain any
22other provision directed against the appropriate party to the proceeding, concerning
23the duty of support, the legal custody and guardianship of the child, periods of
24physical placement, the furnishing of bond or other security for the payment of the
25judgment, or any other matter in the best interest of the child. Unless the court

1orders otherwise, if there is no presumption of paternity under s. 891.41 (1) the
2mother shall have sole legal custody of the child. The court shall order either party
3or both to pay for the support of any child of the parties who is less than 18 years old,
4or any child of the parties who is less than
19 years old and if the child is pursuing
5an accredited course of instruction leading to the acquisition of a high school diploma
6or its equivalent. The judgment or order may direct the father to pay or contribute
7to the reasonable expenses of the mother's pregnancy and confinement during
8pregnancy and may direct either party to pay or contribute to the costs of genetic
9tests, attorney fees and other costs. Contributions to the costs of genetic tests shall
10be paid to the county which paid for the genetic tests.
SB494-SSA2, s. 478 11Section 478 . 767.51 (3m) (d) 2. of the statutes, as affected by 1997 Wisconsin
12Act 27
, is amended to read:
SB494-SSA2,217,1613 767.51 (3m) (d) 2. Provide family coverage of health care expenses for the child,
14if eligible for coverage, upon application by the parent, the child's other parent, the
15department or the county child support agency under s. 59.53 (5), or upon receiving
16a notice under par. (f) 1
.
SB494-SSA2, s. 479 17Section 479. 767.51 (3m) (d) 2m. of the statutes is created to read:
SB494-SSA2,217,2118 767.51 (3m) (d) 2m. Inform the county child support agency under s. 59.53 (5)
19when coverage of the child under the health benefit plan is in effect and, upon
20request, provide copies of necessary program or policy identification to the child's
21other parent.
SB494-SSA2, s. 480 22Section 480. 767.51 (3m) (f) of the statutes is created to read:
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